UNCITRAL International Colloquium on Microfinance January 2013, Vienna

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Quentin Booker
7 years ago
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1 UNCITRAL International Colloquium on Microfinance January 2013, Vienna The views and opinions expressed are those of the author and do not Legal necessarily environment represent for microbusiness the views of, and Alex should Ivančo not be attributed to any agency UNCITRAL of the Colloquium Czech government. on Microfinance

environment represent for microbusiness the views of, and Alex should Ivančo not

2 Entrepreneurship - microfinance, 2011, 2013 Microfinance could play an important role as a tool for the alleviation of poverty. Creating an enabling legal environment for micro, small and medium enterprises that can facilitate their development. Entrepreneurship is a powerful driver of economic growth and job creation. New companies, especially SMEs, represent the most important source of new employment: they create more than 4 million new jobs every year in Europe. Entrepreneurship 2020 Action Plan - Reigniting the entrepreneurial spirit in Europe,

Entrepreneurship is a powerful driver of economic growth and job creation.

3 Impressions of the feasibility of self-employment Only 19% of people in the Czech Republic consider selfemployment to be feasible within the next five years, as opposed to 30% across the EU as a whole. Self-employment would not be feasible for 80% of respondents in Croatia, 79% in Japan and 67% in South Korea. In Brazil (60%) and China (51%) a majority argue that selfemployment would be feasible 2012 Flash Eurobarometer on Entrepreneurship,

Self-employment would not be feasible for 80% of respondents in Croatia, 79% in Japan and 67% in South Korea.

4 Difficulties perceived when starting a business A large majority of EU respondents think that it is difficult to start one s own business due to a lack of available financial support (79%); and that it is difficult to start one s own business due to the complexities of the administrative process (72%). Two-thirds (67%) of EU respondents who are self-employed say that they started their business from scratch. The risk of failure deters almost half of all EU respondents from starting their own business. 51% of EU respondents think that it is difficult to obtain sufficient information on how to start a business Flash Eurobarometer on Entrepreneurship

Two-thirds (67%) of EU respondents who are self-employed say that they started their business from scratch.

5 Enabling legal environment for microbusiness Lack of available financial support Start the business Complexities of the administrative process Risk of failure Access to credit, secured lending, valuation of collateral, registration of a security interest Simplified incorporation and registration Mobile payments and peer-topeer networks Innovative and more efficient dispute resolution systems Simplified alternatives to insolvency procedures for entrepreneurs - fresh start

a security interest Simplified incorporation and registration Mobile payments and peer-topeer networks Innovative and

6 Access to justice and the rule of law WG III Online Dispute Resolution In July 2010 the Commission agreed that a Working Group should be established to undertake work in the field of online dispute resolution. Small value High volume Cross-border Electronic Commerce transactions: business-to-business (B2B), business-to-consumer (B2C), consumer-to-consumer (C2C)

7 Czech Republic in UNCITRAL WG III Effective and efficient ODR system has to be simple Sharing experience based on ADR.EU (ICANN Rules for Uniform Domain Name Dispute Resolution) ODR Exchange - international consultation and pilot related to the preparation of digital infrastructure enabling the provision of cross-border ODR services 11th International Online Dispute Resolution Forum in Prague June 2012,

pilot related to the preparation of digital infrastructure enabling the provision of cross-border ODR services

8 ODR Exchange ODR backbone functionality - complementary system enabling the various resolution end-points (e.g. government agencies, buyers and sellers, online dispute resolution service providers, entities involved in enforcing judgments, online trust marks, consumer centers etc.) to exchange information in real time in multiple languages. Czech Republic and ODR Exchange initiated the consultation and pilot project in January At the moment there are participants from the following countries: Belgium, Canada, Croatia, Czech Republic, Germany, Hong-Kong, Hungary, Ireland, Korea, Latin America, Sweden, The Netherlands, UK and USA.

9 New Business Corporations Act Business Corporations Act, Act No. 90/2012 Coll., Adopted in 2012 and effective as of 1 January Part of the recodification of Czech private law Easier incorporation of limited liability companies Regulation of executive powers and liabilities

Part of the recodification of Czech private law Easier incorporation

10 On-line Insolvency and Commercial Register in the Czech Republic Insolvency Register Facilitated by the electronic Insolvency Register Enables creditors, debtors, insolvency courts and trustees to access all important information on-line Commercial Register On-line system contains information on trade names, registered offices, business activities, statutory bodies, associates, membership contributions and authorized stock

important information on-line Commercial Register On-line system contains information on trade names,

11 Experience of starting up a business Since 2009 far more people in the Czech Republic say that they have started a business or are planning to start one (+14 points) Flash Eurobarometer on Entrepreneurship,

(+14 points). 2012 Flash Eurobarometer on Entrepreneurship, http://ec.europa.

12 Thank you!

BUSINESS-TO-BUSINESS ALTERNATIVE DISPUTE RESOLUTION IN THE EU

Flash Eurobarometer BUSINESS-TO-BUSINESS ALTERNATIVE DISPUTE RESOLUTION IN THE EU REPORT Fieldwork: March-April 22 Publication: November 22 This survey has been requested by Directorate-General for Justice